Mortgages Terms & conditions
1. Definitions
In these terms and conditions:
"You" means you, the user of the Which? Mortgage Service.
"us" or "we" means Which? Limited of 2 Marylebone Road, London NW1 4DF.
"Which? Mortgage Service" or the "Service" means the Which? Mortgage Search together with all the surrounding mortgage information and the additional calculators.
2. Level of service
2.1. What the Which? Mortgage Service gives you
The Which? Mortgage Service provides you with information about mortgages in general, and then prompts you to complete online questions relating to the type of mortgage that you are looking for. Based on the information that you provide to us, we search information from mortgage providers and then present that information to you on a results page. The information on the results page is simply a table setting out the mortgages ranked on the basis that you have selected.
2.2. Providing information not advice
Nothing within the Which? Mortgage Service is, or shall be deemed to be mortgage advice or a recommendation to purchase any product or service. All information on the Which? Mortgage Service is for general information purposes only and should not be taken as a representation or belief that a certain product is suitable for you.
2.3. Your personal circumstances and independent mortgage advice
Although we do ask you a series of questions, it is not possible for us to consider every issue that could be relevant to your choice of mortgage. You should always take independent mortgage advice on your particular circumstances before you chose a mortgage, to ensure that you are making the right decision in your circumstances.
2.4. Always check the mortgage features with the mortgage provider
As you will appreciate, mortgages are constantly changed and updated by providers. We do our best to ensure that the mortgage information on the Which? Mortgage Service is up to date, but this is not always possible, so you should always check the product information that you receive from the Which? Mortgage Service with the mortgage provider. As the mortgage product data and the search function is provided to us by third parties we are not responsible for any error, omission or inaccuracy in that product data or in the search function.
2.5. Mortgage information provided by Which?
We will use best endeavours in providing the Which? Mortgage Service to you. In particular we will use our best endeavours to ensure that the information that Which? gives you as part of the Service is accurate and up to date.
2.6. The Financial Services Authority and financial advice
We are not authorised to carry out regulated activities as defined by the Financial Services and Markets Act 2000, in particular we are not authorised to give any investment advice.
2.7. Lenders' criteria and availability
Mortgage providers often have conditions that need to be fulfilled before they will lend and you may find that you are not eligible for a certain mortgage, that a provider will not accept your application or that a certain mortgage is no longer available.
2.8. Always read mortgage documentation carefully
You should always read the terms and conditions and documentation of any mortgage carefully before you purchase to ensure that you fully understand the commitment that you are making.
3. Your personal information
3.1. We will not collect any personal information about you when you use the Which? Mortgage Service.
For more details see our privacy policy.
3.2. If you write to us with feedback on the Which? Mortgage Service or with a complaint about the Which? Mortgage Service we will obtain personal data about you. We will keep this personal information confidential and we will not use it for any purpose other than dealing with your complaint or comments, apart from allowing regulatory or self-regulatory bodies access to such information in order for them to verify that we are complying with any relevant code of practice. You have a right of access under the Data Protection Act 1998 to your personal records held on our files.
4. Access to the Which? Mortgage Service
4.1. We grant you a non-exclusive licence to use the Which? Mortgage Service.
4.2. We aim to provide the best service that we can. To do this, we may need to suspend the Which? Mortgage Service temporarily to carry out repairs and maintenance or improvements, meaning your access may be suspended or restricted at certain times.
5. Our liability to you
5.1. The Which? Mortgage Service contains links to other websites, which are outside our control and are not covered by these terms and conditions. If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information they may acquire about you.
5.2. The Which? Mortgage Service is aimed at users in the United Kingdom. If you are accessing the Which? Mortgage Service from abroad, we give no representations that the information on the Which? Mortgage Service will be either correct in or relevant to the country in which you live.
5.3. The Which? Mortgage Service is for your personal use as a consumer and is not for business or commercial use. We are not liable for any foreseeable or unforeseeable loss relating to business, revenue, profits, anticipated savings, wasted expenditure or any unforeseeable loss whatsoever which relates to a business or commercial use of the Mortgage Service.
5.4. Our liability to you is in any event limited to £100,000 for any one event or related series of events and £200,000 for all events in any period of twelve (12) months.
5.5. Each of the above provisions and point 2.4 operates separately and independently of the others.
6. Rights in the information on the Which? Mortgage Service
The information on the Which? Mortgage Service provided by us, Consumers' Association or third parties and the names, images and logos identifying us, Consumers' Association or third parties and are the property of, and are subject to the copyright, trade marks, design rights and other intellectual property rights of us, Consumers' Association, or such third parties
7. Variation of the Which? Mortgage Service
We may change the content and scope of the Which? Mortgage Service from time to time. We may also make changes to these terms and conditions and we will give you one (1) month's notice to be posted on the Which? Mortgage Service if we do so.
8. General
8.1. Our provision of the Which? Mortgage Service is governed by English law and any dispute in relation to the Which? Mortgage Service shall be subject to the jurisdiction of the English Courts.
8.2. By accessing any part of the Which? Mortgage Service you will be deemed to have accepted these terms in full.
